The Superior Court of Justice (“STJ”) recently published 13 theses consolidated by the Court about crimes against honor, citing the most recent precedents on each topic.
The Court pointed out that the non-reception of the Press Law (Law 5.250/1967) by the Federal Constitution of 1988 did not imply the extinction of crimes against honor committed by the press, as such crimes remain covered by criminal laws.
Another thesis emphasized by the Court provides that, for the characterization of the crime of slander, it is essential that the agent who attributes to someone a fact defined as a crime, is aware of the falseness of the imputation.
The Court also highlighted that the broad freedom of information, opinion and journalistic criticism afforded to the press by the Federal Constitution is not an absolute right, and finds limitations on rights of personality, including right of honor, image, privacy and intimacy, being forbidden the criticism in order to defame, revile or slander.
The 13 theses are available at this link: http://www.stj.jus.br/internet_docs/jurisprudencia/jurisprudenciaemteses/Jurisprud%C3%AAncia%20em%20Teses%20130%20-%20Dos%20Crimes%20Contra%20a%20Honra.pdf